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No Educator Left Behind: Waivers

No Educator Left Behind is a series providing answers from the U.S.
Department of Education to questions about the federal No
Child Left Behind Act and how it will affect educators. If you have
a question about No Child Left Behind, send an e-mail to Ellen
Delisio, and we will submit your question to the Department of Education.

Question:

Can school districts seek waivers for the failing school choice option?
If a district is granted a waiver, do district officials have to re-apply
for a waiver every year?

U.S. Department of Education:

States are required to implement this important provision of the No Child
Left Behind (NCLB) Act. The Department of Education has provided significant
flexibility to states and districts that may be experiencing implementation
challenges, especially during this first transition year. We expect all
states and school districts to follow the law, and Secretary of Education
Rod Paige and his staff have been working with states since day one to
assist and guide them in the proper implementation of this new landmark
reform law. In mid-June, the Department of Education hosted a conference
on implementation of choice and supplemental services, specifically designed
to help prepare states, districts, and service providers for the new provisions.

The Secretary does not anticipate granting waivers. During this first
year of implementation, the Department of Education expects states to
ensure that districts respect and follow the spirit of NCLB, and are creative
in offering parental options for children who, in come cases, have been
trapped for too long in under-performing schools. School districts do
have the option to seek waivers under Title IX, Section 9401 of NCLB.
Such waivers may be granted for more than one year.